The challenge that the constituent committee or the constituent congress will assume, depending on the outcome of the plebiscite of October 25, will necessarily lead to debate and definition as a country, by the type and strength of Economic Constitution that will govern Chile in the coming decades and that will determine our institutionality and sustainable economic development.
This will certainly be one of the essential issues to be discussed and defined, since economic constitution and economic public order, will give a new physiognomy to our economic and social development with special emphasis in the Regions, concepts that are linked to the purposes of the State, in that beyond the axiomatic clause of promoting the common good and being at the service of people , as the current letter 2005 points out, the debate will focus on establishing a new sustainable economic public order, which exceeds the narrow model of “subsidiary state” or residual in economic matters, which involves defining what role the State will promote and play in the organization and type of economic model to which it will attach the new fundamental charter , to enable equitable and sustainable economic development to be embodied with people and the environment.
Indeed, the social political process in which we find ourselves awaits the establishment of a State that will protect and promote cultural social, political, economic and pluri rights, which necessarily happens to give a new definition of content in the constitutional charter, since the model of neutrality of the State in the liberal model of the nineteenth century, of the “laissez faire , laissez passer”, from the invisible hand of the economy and the law of “chorreo”, is absolutely exhausted and discredited as a model of development and the same as regards the neo-liberal principle of the “subsidiary state” in the economic, the results of which we already know at the country level after 40 years of validity and its regressive structural effects on the development of the Chilean model.
In this way, the modelling of a State endowed with powers of regulation in economic activity in concurrence with the company in a modern sense, points in my opinion, to the establishment of a democratic social state, which guarantees fundamental rights while adcribing to an active role in economic management in areas sensitive to consumers , recognizes the social role of property law and which in turn attaches to an effective clause for the conservation and recovery of the environment and natural resources, this is a concept of sustainable development with special emphasis in the Regions.
In comparative law, we find modelling clauses of the so-called Economic Constitution, which approach with better protection and friendship to citizens, such as the Spanish Constitution of 1979, which declares that it constitutes a social and democratic state of law, which advocates freedom, justice, equality and political pluralism as higher values of its legal order and which also recognizes the principle of freedom of enterprise , the 1991 Colombian, which declares colombia to be a social state of law organized in the form of a Republic and notes that the state, by mandate of the law, will prevent the obstruction or restriction of economic freedom and prevent or control any abuse that individuals or companies make of their dominant position in the national market, that of Portugal of 1976 , which states that the State ensures the efficient functioning of markets, so as to ensure a balanced concurrence between undertakings, against monopolistic forms of organisation and to suppress abuses of a dominant position and other practices harmful to the general interest.
For this reason, the constitutions of the twenty-first century are neither neutral nor blind in defining the purposes of the State and in adscripting a model of democratic and sustainable economic constitution, in which the State must foster a competitive economy with values and clear legal assets protected for the benefit of individuals, but not by underpinning a monopolized or abused model of dominant and uneven positions of treatment in the development of regions and their inhabitants, which result in the existence of chili peppers of different kinds.
Nor will it be outside the debate that in the case of Chile, in article 5 of the current Constitutional Charter, obliges in so far as it declares that it is the duty of the State to respect and promote the essential rights emanating from human nature guaranteed by the Consand by existing international treaties ratified by Chile, such as the United Nations Covenant on Economic, Social and Cultural Rights of 1966 – which is domestic law – which denies that the constituent process to be initiated on 25 October is the crazy adventure of writing a “blank sheet”, as those who cling to the model of the charter of ’80 contend.
In short, the State in this unprecedented constituent process must raise its hitherto known standards and be genuinely democratic from start to finish, without a formula of “the state is me”, or of a few, who keep it hostage. The State must be and be at the service of all, under a model of Economic Constitution and democratic and sustainable economic public order, that promotes the equitable development of the country with special emphasis on the Regions and protector of our fundamental rights and cultural pluri, our natural resources and environment.
